SRC-JEC H.B. 1420 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1420
77R10480 KLA-DBy: Jones, Jesse (Armbrister)
Jurisprudence
5/1/2001
Engrossed


DIGEST AND PURPOSE 

The Texas Department on Aging (department) provides a variety of services
to Texas residents 60 years of age or older. However, the department is
prohibited from rendering legal advice and consultation to the people it
serves under the "practice of law" provision in the statutes. H.B. 1420
provides that the definition of "practice of law" does not apply to
technical advice, consultation, or other legal assistance rendered by an
employee or volunteer of an area agency on aging affiliated with the
department.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department on Aging
in SECTION 1 (Section 81.1011, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 81G, Government Code, by adding Section 81.1011,
as follows: 

Sec. 81.1011.  EXCEPTION FOR CERTAIN LEGAL ASSISTANCE.  (a) Provides that,
notwithstanding Section 81.101(a), the definition of the "practice of law"
does not include technical advice, consultation, and document completion
assistance provided by an employee or volunteer of an area agency on aging
affiliated with the Texas Department on Aging (department) who meets the
requirements of Subsection (b) if that advice, consultation, and assistance
relates to a medical power of attorney or other advanced directive under
Chapter 166 (Advance Directives), Health and Safety Code, or a designation
of guardian before need arises under Section 679 (Designation of Guardian
Before Need Arises), Texas Probate Code. 

  (b) Requires an employee or volunteer described by Subsection (a):

(1) to provide benefits counseling through an area agency on aging system
of access and assistance to agency clients; 

(2) to comply with rules adopted by the department regarding
qualifications, training requirements, and other requirements for providing
benefits counseling services, including legal assistance and legal
awareness services; 

(3) to have received specific training in providing the technical advice,
consultation, and assistance described by Subsection (a); and  
 
(4) to be certified by the department as having met the requirements of
this subsection. 

(c) Requires the department by rule to develop certification procedures by
which the department certifies that an employee or volunteer described by
Subsection (a) has met the requirements of Subsections (b)(1), (2), and
(3). 
 
SECTION 2.  Effective date: September 1, 2001.